Arizona > Statewide > Liquor Licenses And Control
Unlicensed Business Establishment Application For Exemption LIC0121 - Arizona
| Unlicensed Business Establishment Application For Exemption Form. This is a Arizona form and can be used in Liquor Licenses And Control Statewide . |
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Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602) 542-5141 UNLICENSED BUSINESS ESTABLISHMENT APPLICATION FOR EXEMPTION This application, if approved, is valid for 12-months (1 year) from the date of approval. A new application for exemption must be submitted each year. A non-refundable $50 fee will be due with each application. For uninterrupted exempt status, submit a new application prior to expiration. I, ________________________________, doing business as ___________________________________ Owner's Name Name of Business located at _________________________________, _____________, ___________________, ________ Establishment's Street Address City County Zip Code Hereby request permission from the Department of Liquor to allow my patrons to consume authorized liquor on my unlicensed premises. I have received and read Arizona statute A.R.S.§4-244.05 and regulation A.A.C. R19-1-315(1)-(7). I declare that my business qualifies for exemption under A.A.C. R191-315(6)(a)-(d) as a: Small Restaurant, R19-1-315(6)(a) Association, R19-1-315(6)(c) Catering Establishment, R19-1-315(6)(b) Business Hosting a Private Function, R19-1-315(6)(d) I hereby agree to comply with Arizona statute A.R.S.§4-244.05 and regulation A.A.C. R19-1-315 while conducting business at this location. I understand that any violations of these rules may result in a fine and civil penalty authorized in A.R.S.§4-244.05(A) and (C). I __________________________________ , being first duly sworn upon oath, hereby depose, swear and declare that I am the APPLICANT filing this application. I have read this application and declare under penalty of perjury, that all statements are true, correct and complete. ________________________________________ (signature of applicant) (printed name) ______________,_________________,__________ Print Name: First Last Middle (_____) _______________________ Area Code Daytime Phone Number ___________________________________ Applicant's permanent email address NOTARY State of _______________County of ______________________ state day county month year The foregoing instrument was acknowledged before me this _____ day of ________________, _______. My commission expires on _________________ day/ month/year ___________________________________________ signature of NOTARY PUBLIC FOR DEPARTMENT USE ONLY Disapproved File # UL ____________ CSR Initials _______ Approved Expiration Date ___/___/___ December 26, 2012 1 Fee Collected American LegalNet, Inc. www.FormsWorkFlow.com A.R.S. §4-244.05. Unlicensed business establishment or premises; unlawful consumption of spirituous liquor; civil penalty; seizure and forfeiture of property A. A person owning, operating, leasing, managing or controlling a business establishment or business premises which are not properly licensed pursuant to this title and in which any of the following occur shall not allow the consumption of spirituous liquor in the establishment or on the premises: 1. Food or beverages are sold. 2. Entertainment is provided. 3. A membership fee or a cover charge for admission is charged. 4. A minimum purchase or rental requirement for goods or services is charged. B. A person shall not consume spirituous liquor in a business establishment or on business premises which are not properly licensed pursuant to this title in which food or beverages are sold, entertainment is provided, a membership fee or a cover charge for admission is charged or a minimum purchase or rental requirement for goods or services is charged. C. In addition to or in lieu of other fines or civil penalties imposed for a violation of this section or any other action taken by the board or director, the board or director may conduct a hearing subject to the requirements of section 4-210, subsection G to determine whether a person has violated subsection A of this section. If the board or director determines, after a hearing, that a person has violated subsection A of this section the board or director may impose a civil penalty of not less than two hundred nor more than five thousand dollars for each offense. A civil penalty imposed pursuant to this section by the director may be appealed to the board. D. In addition to any other remedies provided by law, any monies used or obtained in violation of this chapter may be seized by any peace officer if the peace officer has probable cause to believe that the money has been used or is intended to be used in violation of this section. E. In addition to any other remedies provided by law, the records of an establishment that is in violation of this section may be seized by any peace officer if the peace officer has probable cause to believe that the establishment is operating without a valid license issued pursuant to this title. F. In addition to any other remedies provided by law, any amount of alcohol may be seized by any peace officer if the peace officer has probable cause to believe that the alcohol is being used or is intended to be used in violation of this section. G. In addition to any other remedies provided by law, the following property shall be forfeited pursuant to section 13-2314 or title 13, chapter 39: 1. All proceeds and other assets that are derived from a violation of this section. 2. Anything of value that is used or intended to be used to facilitate a violation of this section. H. A person who obtains property through a violation of this section is deemed to be an involuntary trustee of that property. An involuntary trustee and any other person who obtains the property, except a bona fide purchaser who purchases the property for value without notice of or participation in the unlawful conduct, holds the property, including its proceeds and other assets, in constructive trust for the benefit of the persons entitled to remedies pursuant to section 13-2314 or title 13, chapter 39. I. The board or director may adopt rules authorizing and prescribing limitations for the possession or consumption of spirituous liquor at establishments or premises falling within the scope of subsections A and B of this section. Rules adopted pursuant to this subsection shall authorize the possession or consumption of spirituous liquor only at establishments or premises which permit the consumption or possession of minimal amounts of spirituous liquor and which meet both of the following criteria: 1. The possession or consumption of spirituous liquor is permitted on
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